January 20, 2006





SENATE BILL No. 2

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DIGEST OF SB 2 (Updated January 17, 2006 4:05 pm - DI 106)



Citations Affected: IC 35-49.

Synopsis: Obscenity. Makes it a Class D felony to rent matter that is harmful to a minor within 500 feet of a school or church.

Effective: July 1, 2006.





Drozda




    January 9, 2006, read first time and referred to Committee on Corrections, Criminal, and Civil Matters.
    January 19, 2006, amended, reported favorably _ Do Pass.






January 20, 2006

Second Regular Session 114th General Assembly (2006)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
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SENATE BILL No. 2



    A BILL FOR AN ACT to amend the Indiana Code concerning criminal law and procedure.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 35-49-3-3; (06)SB0002.1.1. -->     SECTION 1. IC 35-49-3-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 3. (a) Except as provided in subsection (b), a person who knowingly or intentionally:
        (1) disseminates matter to minors that is harmful to minors;
        (2) displays matter that is harmful to minors in an area to which minors have visual, auditory, or physical access, unless each minor is accompanied by the minor's parent or guardian;
        (3) sells, rents, or displays for sale or rent to any person matter that is harmful to minors within five hundred (500) feet of the nearest property line of a school or church;
        (4) engages in or conducts a performance before minors that is harmful to minors;
        (5) engages in or conducts a performance that is harmful to minors in an area to which minors have visual, auditory, or physical access, unless each minor is accompanied by the minor's parent or guardian;
        (6) misrepresents the minor's age for the purpose of obtaining

admission to an area from which minors are restricted because of the display of matter or a performance that is harmful to minors; or
        (7) misrepresents that the person is a parent or guardian of a minor for the purpose of obtaining admission of the minor to an area where minors are being restricted because of display of matter or performance that is harmful to minors;
commits a Class D felony.
    (b) This section does not apply if a person disseminates, displays, or makes available the matter described in subsection (a) through the Internet, computer electronic transfer, or a computer network unless:
        (1) the matter is obscene under IC 35-49-2-1;
        (2) the matter is child pornography under IC 35-42-4-4; or
        (3) the person distributes the matter to a child less than eighteen (18) years of age believing or intending that the recipient is a child less than eighteen (18) years of age.